It took you 5 posts to get to your point that all previous court challenges failed and that you were trying to establish the only correct method that a challenge would succeed.
That is a legal arguement, so I presume that you are a lawyer. Perhaps your arguements will prevail at SCOTUS. I wish you much success.
I am not a lawyer and thus I use logic, common sense, and the ability to read our founding documents to state my opinion.
Sorry if that does not meet the Court approved, legal form requirements. That is why I do not practice law, relying on a licensed lawyer for any legal needs.
I have gone to great lengths to study and review various references for my own personal understanding and have concluded that for me, it all boils down to ‘original intent’ and references that point the Founding Fathers relied on Vattel.
And I am not trying to diminish you in any way, I am simply trying to get you to see that US citizenship is based upon the right of expatriation and that no man should have to serve two masters at the same time, loving one and hating the other. Really, look at how our nation is divided now. Hyphenated this and hyphenated that, and all of them putting America second and the nation of their birth first.
Here is what Teddy Roosevelt had to say about hyphenated loyalties, and I remind you, this was well after WKA.
“In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming in every facet an American and nothing but an American…There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag… We have room for but one language here, and that is the English language… and we have room for but one sole loyalty and that is a loyalty to the American people.”
Theodore Roosevelt 1907
Have you read the Expatriation Act of 1868 that is the sister Act to the 14th Amendment and the statute that governs the oath of citizenship for all naturalized persons to this day and is codified in 8 USC?
3. By Italian law, the plaintiff acquired Italian citizenship upon his birth in Italy. He retains that citizenship. He also acquired United States citizenship at his birth under Rev.Stat. § 1993, as amended by the Act of May 24, 1934, § 1, 48 Stat. 797, then in effect. [Footnote 2] That version of the statute, as does the present one, contained a residence condition applicable to a child born abroad with one alien parent. ...
5. ... On the first two occasions, when the plaintiff was a boy of eight and 11, he entered the country with his mother on her United States passport. On the next two occasions, when he was 15 and just under 23, he entered on his own United States passport, and was admitted as a citizen of this country. His passport was first issued on June 27, 1952. His last application approval, in August, 1961, contains the notation “Warned abt. 301(b).” The plaintiff's United States passport was periodically approved to and including December 22, 1962, his 23d birthday. ...
7. The plaintiff was warned in writing by United States authorities of the impact of § 301(b) when he was in this country in January, 1963, and again in November of that year, when he was in Italy. Sometime after February 11, 1964, he was orally advised by the American Embassy at Rome that he had lost his United States citizenship pursuant to § 301(b). In November, 1966, he was so notified in writing by the American Consul in Rome when the plaintiff requested another American passport. ...
Page 401 U. S. 821
... The dissent (Mr. Justice Clark, joined by JUSTICES HARLAN and WHITE) based its position on what it regarded as the long acceptance of expatriating naturalized citizens who voluntarily return to residence in their native lands; possible international complications; past decisions approving the power of Congress to enact statutes of that type; and the Constitution's distinctions between native-born and naturalized citizens. ...
Page 401 U. S. 824
4. The Act of March 2, 1907, § 6, 34 Stat. 1229, provided that all children born abroad who were citizens under Rev.Stat. § 1993 and who continued to reside elsewhere, in order to receive governmental protection, were to record at age 18 their intention to become residents and remain citizens of the United States, and were to take the oath of allegiance upon attaining their majority. [Footnote 4]
5. The change in § 1993 effected by the Act of May 24, 1934, is reflected in n 2 supra. This eliminated the theretofore imposed restriction to the paternal parent and prospectively granted citizenship, subject to a five-year continuous residence requirement and an oath, to the foreign-born child of either a citizen father or a citizen mother. This was the form of the statute at the time of plaintiff's birth on December 22, 1939. ...
Page 401 U. S. 827
... V
It is evident that Congress felt itself possessed of the power to grant citizenship to the foreign born, and, at the same time, to impose qualifications and conditions for that citizenship. Of course, Congress obviously felt that way, too, about the two expatriation provisions invalidated by the decisions in Schneider and Afroyim.
We look again, then, at the Constitution, and further indulge in history's assistance:
...
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The central fact in our weighing of the plaintiff's claim to continuing and therefore current United States citizenship is that he was born abroad. He was not born in the United States. He was not naturalized in the United States. And he has not been subject to the jurisdiction of the United States. All this being so, it seems indisputable that the first sentence of the Fourteenth Amendment has no application to plaintiff Bellei. He simply is not a “Fourteenth Amendment first sentence” citizen. His posture contrasts with that of Mr. Afroyim, who was naturalized in the United States, and with that of Mrs. Schneider, whose citizenship was derivative by her presence here and by her mother's naturalization here. ...
Page 401 U. S. 835
7. Neither are we persuaded that a condition subsequent in this area impresses one with “second-class citizenship.” That cliche is too handy and too easy, and, like most cliches, can be misleading. That the condition subsequent may be beneficial is apparent in the light
Page 401 U. S. 836
of the conceded fact that citizenship to this plaintiff was fully deniable. The proper emphasis is on what the statute permits him to gain from the possible starting point of noncitizenship, not on what he claims to lose from the possible starting point of full citizenship to which he has no constitutional right in the first place. His citizenship, while it lasts, although conditional, is not “second-class.”
8. The plaintiff is not stateless. His Italian citizenship remains.
A natural born citizen can expatriate himself, however, the US government cannot expatriate him as he was never a citizen of any other country. The US government, on the other hand, can expatriate a naturalized citizen by stripping him of his US citizenship, thereby leaving him to return to the country of his birth because he could never be left stateless. Exclusive allegiance, at birth or naturalization.